Liens & ForeclosureAL
Can an Alabama HOA Foreclose Over Unpaid Dues?
By The HOARebel Team · May 28, 2026 · 3 min read · Updated June 2, 2026
Few HOA threats are scarier than the word "foreclosure." In Alabama, the association does have a lien for unpaid assessments — but the Alabama Homeowners' Association Act, Ala. Code §§ 35-20-1 to 35-20-14, channels how that lien is enforced, and it runs through the courts. The Act applies to HOAs created on or after January 1, 2016; older HOAs operate under their declaration and the Nonprofit Corporation Law. For your specific situation, a licensed Alabama attorney is the right resource. This is general information, not legal advice.
The assessment lien (§ 35-20-12)
For post-2016 HOAs, unpaid assessments can attach to the lot as a lien from the date the assessment is due. Two procedural prerequisites matter:
- The 12-month recording window. The association must record a statement of lien in the office of the judge of probate within 12 months from the date the assessment became due. A lien the association never properly recorded within that window is on weaker footing.
- The 30-day certified-mail notice. At least 30 days before recording the statement of lien, the association must give the owner written notice by certified mail. A recording made without that notice is the kind of procedural gap a homeowner or attorney examines first.
Enforcement is judicial
The Act provides that the association enforces the lien through a court action — not by private sale:
"An association may bring an action in a court … to enforce a lien" — Ala. Code § 35-20-12
That's a meaningful protection. Judicial enforcement means a court proceeding, notice, and an opportunity to dispute the debt, the accounting, and the procedural prerequisites — not a quiet administrative sale.
Where the lien ranks (§ 35-20-12)
A common worry is whether an HOA lien can leapfrog a first mortgage. Under § 35-20-12, the Alabama HOA lien is not a super-priority lien. The statute gives it priority over later liens but carves out several categories ahead of it — including a prior mortgage or deed of trust:
"A lien declared by this section shall have priority, except as may be otherwise provided in Chapters 4 and 11, over all other subsequent liens and encumbrances except state and county ad valorem taxes, municipal improvement assessments, UCC fixture filings, mortgages, and deeds of trust securing an indebtedness." — Ala. Code § 35-20-12
In practical terms, the assessment lien sits behind an existing first mortgage and ahead of most later-recorded interests. That ranking is one of the things a homeowner or attorney checks when an association threatens enforcement, because it shapes what a foreclosure would actually reach.
Liens for fines too
Alabama is unusual in that an HOA lien can attach for unpaid fines as well as unpaid assessments. That makes the fine procedure (see Fighting an HOA Fine in Alabama) higher-stakes than in many other states, and adds a reason to challenge improper fines promptly.
Older HOAs operate differently
For HOAs created before January 1, 2016, the 2016 Act generally doesn't apply. Any lien right turns on the declaration and general Alabama law, with the Alabama Nonprofit Corporation Law governing the entity. The procedural protections (recording windows, notice deadlines, judicial enforcement) may be different — that's exactly what an attorney sorts out.
Why the distinction matters
For an Alabama homeowner under the 2016 Act, the practical takeaways:
- A lien is not the same as losing the home — it generally has to be enforced in court.
- The 12-month recording and 30-day certified-mail notice prerequisites create concrete things to check.
- A records request under § 35-20-13 can reach the ledger and the notice the association sent.
- The amounts, interest, and fees the association adds are governed by the statute and the declaration, and are reviewable.
For anything approaching actual enforcement, the timeline and defenses are something a licensed Alabama attorney should review promptly.